House of Lords: Old Palace Yard Road Gulleys

Lord Berkeley: asked the Chairman of Committees:
	What was the purpose and cost of painting the cast iron road gulleys in Old Palace Yard black this autumn; and by how many years this will extend the lives of the gulleys.

Lord Brabazon of Tara: Although the House paid for the initial cost of the works in Old Palace Yard, the upkeep of the paving and associated ironworks is the responsibility of Westminster City Council.

Afghanistan: Judicial Reform

Lord Judd: asked Her Majesty's Government:
	What financial and personnel resources have so far been expended; what resources have been pledged; and what resources they estimate will be needed to provide sound arrangements for administration of justice in Afghanistan.

Baroness Symons of Vernham Dean: Reconstruction and reform of the judicial sector falls within the Afghan Transitional Administration's National Development Framework. The Judicial Reform Commission, established by the Transitional Administration, leads on Judicial Reform in Afghanistan. It is supported in this by Italy as the lead nation for international assistance on Judicial Reform, together with a number of international agencies and non-governmental organisations including the United Nations Development Programme (UNDP) and the International Development Law Organisation (IDLO).
	The Afghan National Development Framework sought 27.02 million US dollars from donors for work on the judicial sector in 2003–04. There remains a significant shortfall to date. The Transitional Administration hopes to remedy this via a needs assessment to be presented to the international community in early 2004.
	The UK has pledged £1 million to the UNDP-administered programme of support to the Judicial Reform Commission. We have disbursed £0.5 million of this to date.

Iraq: Judicial Reform

Lord Judd: asked Her Majesty's Government:
	What financial and personnel resources have so far been expended; what resources have been pledged; and what resources they estimate will be needed to provide sound arrangements for administration of justice in Iraq.

Baroness Symons of Vernham Dean: Several UK personnel have been seconded to the Coalition Provisional Authority to assist with the reconstruction of the judicial sector and the development of human rights in Iraq. The UN and World Bank needs assessment for Iraq, announced at the Madrid Donors' Conference in October, estimated that the judicial sector would require 66.5 million US dollars from 2004 to 2007. At the Conference, pledges of over 33 billion US dollars in grants and concessional loans were received in total for reconstruction in Iraq. There is as yet no detail on how much of this sum will be allocated to the judicial sector.

EU Accession Treaty: Employment in UK

Lord Bowness: asked Her Majesty's Government:
	What steps remain to be taken, and when, to implement the assurances previously given, that citizens of states due to accede to the European Union on 1 May 2003 are able from that date, if they so wish, to enter the United Kingdom and take up employment.

Baroness Symons of Vernham Dean: Under the EU Accession Treaty, citizens of all 10 new member states will enjoy the same right to travel freely across the EU as is enjoyed by citizens of the current member states, for all but one of the purposes envisaged by the EC Treaty. The Accession Treaty allows the 15 current member states to impose temporary restrictions on the right of citizens of Estonia, Latvia, Lithuania, Poland, the Czech Republic, Slovakia, Hungary and Slovenia to travel freely across the EU for the purpose of work. These restrictions may last, at the most, until 30 April 2011. Cypriot and Maltese citizens will enjoy free movement for work across the EU automatically on accession.
	In line with their announcement of December 2002, the Government intend to grant citizens of the eight states affected by temporary restrictions the right to work freely in the UK labour market from 1 May 2004. Section 2 of the European Union (Accessions) Act 2003, which received Royal Assent on 17 November, gives Ministers the power to make regulations to that effect. Draft regulations will be laid before Parliament in March to come into force on 1 May.

Iraq: Criminal Justice System

Lord Judd: asked Her Majesty's Government:
	What is their policy towards the dual criminal justice systems in Iraq: one operated by civilians and one a military system operated by the coalition partners; and what are the arrangements for accountability for the military system.

Baroness Symons of Vernham Dean: The criminal justice system in Iraq is based on the Iraqi penal code and is enforced by the relevant Iraqi authorities. Where Coalition forces arrest persons suspected of criminal offences, these are transferred to the Iraqi authorities as quickly as possible. Any persons interned on security grounds are provided for under the Geneva Conventions. Members of the Coalition forces in Iraq remain subject to their own military discipline and national legal systems.

Saudi Arabia

Lord Judd: asked Her Majesty's Government:
	What detailed assessments they have made of the most recent human rights record and the political viability of the present governing regime in Saudi Arabia, and whether such assessments will influence decisions on whether to proceed with arms exports to that country.

Baroness Symons of Vernham Dean: The Foreign and Commonwealth Office follows developments in Saudi Arabia closely. We have deep concerns about human rights including in relation to aspects of the judicial system; capital and corporal punishment; torture; discrimination against women and non-Muslims; and restrictions on freedom of movement, expression, assembly and worship. We raise these concerns with the Saudi authorities at all levels. We have a wide-ranging dialogue on issues in Saudi Arabia and encourage the process of reform on which Saudi Arabia has embarked.
	Export licence applications for Saudi Arabia, as for all countries, are assessed against the Consolidated EU and National Arms Exports Criteria, taking account of the circumstances at the time and other announced government policies. In assessing export licence applications, the Government take account of all available and relevant information.

Chechnya

Lord Judd: asked Her Majesty's Government:
	What discussions they have had with the Russian Government on the prospects of a broadly-based inclusive political process in Chechnya both to promote a sustainable peace and to strengthen the credibility of moderate Islamic leadership throughout the world.

Baroness Symons of Vernham Dean: We have regularly stressed to the Russian Government the need for an open political process in Chechnya.
	We most recently raised this with the Russian authorities in the context of the Chechen presidential elections, when my honourable friend the Parliamentary Under-Secretary of State at the Foreign and Commonwealth Office (Bill Rammell) called upon the new President, Kadyrov, to work for reconciliation and promote a genuinely open political process.

Israel

Lord Hylton: asked Her Majesty's Government:
	How they voted in the United Nations General Assembly on the proposal to seek the opinion of the International Court of Justice on the legality of the wall and fence being constructed by Israel on occupied land; and, if they abstained, why.

Baroness Symons of Vernham Dean: The Government recognises Israel's legitimate security concerns, and deplores the terrorist suicide bombings of Israeli civilians. But, we consider Israel's building of a wall on occupied land to be unlawful, and remain concerned by the route of the barrier. We regret that Israel has not complied with the General Assembly's demand in Resolution ES-10/13 to halt and reverse the construction of the fence, and we continue to urge the Israeli authorities to take action to this effect.
	Nevertheless, the British Government, like our EU partners, abstained on Resolution ES-10/14, which called for an advisory opinion from the International Court of Justice on the legality of the fence. We believe it inappropriate to take such action without the consent of both parties. Moreover, we do not see that an advisory opinion will change the actual situation on ground. Our priority should be to ensure continued dialogue, implementation of roadmap obligations and immediate action on the ground.

Israel

Lord Hylton: asked Her Majesty's Government:
	What is their response to the Cadennabia Declaration by the joint Israeli-Palestinian working group on Jerusalem, concerning the "Jerusalem Barrier".

Baroness Symons of Vernham Dean: We share the concerns of the declaration's authors that the route of the fence in and around Jerusalem worsens the humanitarian situation there. In addition we have said repeatedly that neither side should take unilateral action that could prejudge the status of Jerusalem. We regard the status of Jerusalem as still to be determined in permanent status negotiations between the parties. Pending agreement, we recognise de facto Israeli authority over West Jerusalem, but consider East Jerusalem to be occupied territory. We recognise no sovereignty over the city.
	While we recognise Israel's right to take security measures against the threat of terrorism, any fence built should be on the Green Line or in Israeli territory. We regard the building of the fence on Palestinian land as unlawful. We have urged the Israeli Government to reconsider the route of the fence and to take measures to relieve the economic and humanitarian hardships caused by the fence and restrictions on freedom of movement.

Israel

Lord Hylton: asked Her Majesty's Government:
	What was the most recent occasion on which they discussed with the Government of Israel all of the following issues:
	(a) the removal of settlement outposts from the occupied territories;
	(b) Israeli plans for enlarging existing settlements and creating new roads for them; and
	(c) the precise alignment of the security wall and fence;
	and whether they will ask the United States Government to discuss the above points with Israel.

Baroness Symons of Vernham Dean: The Government regularly discuss key elements of the Middle East peace process with the Government of Israel, including our concerns over settlement policy and the route of the fence. We continue to urge the Government of Israel to reroute the fence away from Palestinian areas. My right honourable friends the Prime Minister and the Foreign Secretary have made clear our concerns to the Israeli Prime Minister and Foreign Minister on a number of occasions. Most recently, I raised the question of the route of the fence with the Israeli Minister for National Infrastructure on 29 October.
	I also discussed the issue of settlements at that same meeting, and raised our concerns with the Israeli Foreign Minister on 30 September.
	There was no specific discussion on the creation of new roads, but our concern over the expansion of settlements forms a part of the regular representations made by our Embassy in Tel Aviv.
	The Prime Minister discussed the Middle East peace process with President Bush during the latter's recent visit to London. In a joint statement on 20 November, they called on all parties to fulfil their obligations under the roadmap, and to refrain from steps which would prevent or prejudge the terms of a final settlement.
	The Foreign Secretary, Foreign and Commonwealth Office officials and I continue to discuss these issues with the US Administration.

Liberia

Lord Hylton: asked Her Majesty's Government:
	Whether weapons surrendered to the United Nations Peace Keeping Force in Liberia and to ECOMOG troops will be destroyed; and, if not, what will happen to them.

Baroness Symons of Vernham Dean: On 7 December, the UN commenced the Disarmament, Demobilisation and Reintegration programme in Liberia. The United Nations Special Representative of the Secretary General, Mr Klein, has said that all weapons collected through the disarmament programme and by the UN force in Liberia will be destroyed.

Sudan

Lord Hylton: asked Her Majesty's Government:
	Whether they are pressing for international monitoring following recent fighting in the Darfur province of Western Sudan; and whether they will be represented in peace talks concerning Darfur in Chad.

Baroness Symons of Vernham Dean: My right honourable friend the Secretary of State for International Development (Hilary Benn) spoke to the President of Sudan on 10 December during his visit to Sudan, about the situation in Darfur. He expressed the British Government's concern at the deteriorating humanitarian situation and made clear that the parties needed to stop fighting and renew the ceasefire as a matter of urgency. He also called for the Government of Sudan to consider inviting international observers to monitor a renewed ceasefire.
	We are urging all parties to engage constructively in the peace talks currently taking place in Abeche, Chad. At present the Government of Sudan, the Sudan Liberation Movement and the Chadian mediators are the only participants.

Sudan

Lord Hylton: asked Her Majesty's Government:
	In what ways they consider that international monitoring, both before and after any peace agreement for the Sudan, could be made more effective; and whether they will press for monitoring to include human rights as well as military issues.

Baroness Symons of Vernham Dean: The UK is committed to supporting the work of the Verification and Monitoring Team (VMT) which investigates reports of breaches of the memorandum of understanding on the cessation of hostilities. We provide the VMT with three monitors and one Senior Liaison Officer and have, so far, contributed £490,000 to running costs and air support. The British Peace Support Team in Kenya has trained personnel appointed to the VMT by the Government of Sudan, the Sudan People's Liberation Movement and other Intergovernmental Authority on Development (IGAD) countries, including Kenya, Ethiopia and Eritrea.
	The UN Department for Peacekeeping Operations is currently carrying out an assessment mission in Sudan on the possible requirements for international monitoring throughout the country once a comprehensive peace agreement is in place. We are in close contact with the Sudanese, the UN and other interested parties on this matter. We plan to be at the forefront of the international effort to support Sudan through the transition to peace, and to help the Sudanese to rebuild their country.
	On human rights I refer the noble Lord to the Answer I gave to the noble Baroness, Lady Williams of Crosby, today (HL359).

Sudan

Baroness Williams of Crosby: asked Her Majesty's Government:
	Whether they are in favour of establishing an independent body to monitor human rights in Sudan, including the proposal to establish such a body through the United Nations Commission for Human Rights; and whether they would provide additional resources in order to fund such a body.

Baroness Symons of Vernham Dean: We recognise the need to monitor the human rights situation in Sudan closely and we raise human rights issues on a regular basis, both bilaterally and as part of the EU-Sudan dialogue.
	We were disappointed that, despite our hard work and that of our EU partners, the EU-sponsored resolution on Sudan at the UN Commission on Human Rights was lost on 16 April. The result of the vote (24 in favour, 26 against and 3 abstentions) was the first defeat of this resolution in 10 years and meant the termination of the mandate of the Special Rapporteur. We are currently considering how to approach the 2004 UN Commission on Human Rights.
	Through the Foreign and Commonwealth Office's Human Rights Project Fund we have provided £50,000 to the Office of the High Commissioner on Human Rights for work in Sudan for 2003–04 and we are also helping to fund the work of the Sudan Organisation Against Torture (SOAT) which documents human rights abuses. We will consider further requests for funding as appropriate.

Afghanistan: Constitutional Loya Jirga

The Earl of Sandwich: asked Her Majesty's Government:
	What financial contribution they have made to the process of elections to the Constitutional Loya Jirga in Afghanistan; and what provisional assessment they have made of the extent of voter registration, turn-out and representation.

Baroness Symons of Vernham Dean: The UK contributed £650,000 to support the public consultation on the constitution and preparations for the Constitutional Loya Jirga which started on 14 December. UN figures suggest that about 75 per cent of the 19,000 district representatives originally selected for the Emergency Loya Jirga in 2002 took part in the selection of delegates for the Constitutional Loya Jirga. There are 502 Constitutional Loya Jirga delegates, over 100 of which are women.

Congo: Ugandan, Zimbabwean and Angolan Armed Forces

Lord Hylton: asked Her Majesty's Government:
	What is their estimate of the numbers of military forces of Uganda, Zimbabwe and Angola still remaining within the Democratic Republic of the Congo; and by when the Government and the United Nations Organisation Mission to the Democratic Republic of Congo expect that such forces will have been removed or disarmed.

Baroness Symons of Vernham Dean: According to the Governments of Angola and Zimbabwe, all their armed forces withdrew from the Democratic Republic of Congo (DRC) in late 2002. The last Ugandan troops left on 2 June 2003. We have no firm evidence to suggest that any of the above forces remain in the DRC.

Congo: UN Panel on the Illegal Exploitation of Natural Resources

Lord Alli: asked Her Majesty's Government:
	What progress is being made by the UN Panel on the Illegal Exploitation of the Natural Resources of the Democratic Republic of Congo.

Baroness Symons of Vernham Dean: The UN Panel on the Illegal Exploitation of the Natural Resources of the Democratic Republic of Congo (DRC) has now completed its work. It addressed one of the central and most contentious issues of the conflict in the DRC: the link between the causes of the conflict and the exploitation of natural resources. The panel's final report contains a number of important recommendations about how both the Congolese people and the international community should better manage the exploitation of resources to benefit the people of the DRC. Without losing sight of what has gone on before and the need for justice in appropriate cases, we need to build on many of its positive recommendations.
	We agree with the panel that the international community must support the Transitional National Government (TNG) in the DRC. We are already working with the new government in Congo and with international and regional partners to help develop its institutions and to put in place effective management of the country's natural resources. The huge potential of the Congo's natural resources should be exploited legally and in a regulated way, for the benefit of all Congolese. We want to see trade in natural resources become a cohesive factor in regional stability and not a cause of conflict.
	We are playing a leading role in helping the TNG make effective its Anti-Corruption Commission. We are helping the new government adhere to the Kimberley Process on the regulated trade in diamonds, which is the country's most significant export. We have funded Global Witness to research and publish an independent preliminary report on resource exploitation, and we are planning to fund further research in this field. We are talking to the TNG about the Extractive Industries Transparency Initiative, which the Prime Minister launched in February 2003.
	We are also engaged in promoting confidence-building measures in the region. We welcome the declaration on Good Neighbourliness made by the Governments of Rwanda, Uganda, Burundi and the DRC in New York on 25 September, which includes that there must be no illegal exploitation of the natural resources of the DRC. We encourage the states concerned to continue to follow this up with steps to address bilateral and multilateral issues of mutual concern.
	The illegal exploitation of resources in the DRC has served to fuel the conflict by funding arms flows. We need to ensure that the arms embargo on groups operating in the DRC is effectively implemented and monitored. We are playing a leading role through our Mission in New York in supporting proposals for an arms embargo monitoring mechanism.
	As well as looking forward, we need to address what has happened in the past. We take seriously the allegations made against the British companies named in the report. We have already pursued these allegations: the DTI, as National Contact Point for Organisation for Economic Co-operation and Development (OECD) Guidelines has scrutinised the dossiers referred to it by the UN Panel and has been in contact with the named companies or their representatives to discuss the allegations. Her Majesty's Customs and Excise has studied the UN Panel's papers relating to the UK companies named in the report, but have been unable to take matters further, due to lack of evidence which would be sufficient to mount a criminal investigation. We are disappointed that despite numerous appeals to the panel to furnish detailed information to substantiate its allegations, we have not received any such information. We cannot now pursue the cases named in the report further without more specific information. There is so far no evidence that named companies have breached either OECD guidelines or UK law. We continue to ask the UN to supply us with the information on which the panel based its allegations. We also urge the NGO community to submit any specific information it may have to the National Contact Point.
	We continue to press regional states to investigate and, where appropriate, take action on the allegations made in the panel reports. In this respect we welcome the publication of the conclusions of the Commission of Inquiry established by the Ugandan Government. We remain in close contact with the Government of Uganda on follow-up work to the commission's report. We also welcome the establishment of a Judicial Commission by the Rwandan Government and urge it to publicise the results of its investigations.
	The panels's final report included a section which the panel chose not to make public, but which was submitted on a confidential basis to the Security Council. It is not appropriate for us to comment on this, but as far as we are aware, none of the companies or individuals named in the confidential section is of British nationality.

Russia: Parliamentary Elections

Lord Hylton: asked Her Majesty's Government:
	Whether they will raise with the Government of Russia the fairness of the recent parliamentary elections.

Baroness Symons of Vernham Dean: We share the concerns raised by the preliminary report of the International Election Observation Mission that the Russian parliamentary elections were well organised but failed to meet many international standards.
	We welcome and support the work of the OSCE and Council of Europe to assist the authorities and civil society of the Russian Federation in continuing to improve its democratic process. We look foward to seeing the detailed report of the OSCE Office for Democratic Institutions and Human Rights (ODIHR) and will use appropriate bilateral and/or multilateral opportunities to encourage the Russian Federation to follow up any recommendations made by ODIHR before the presidential elections scheduled for March 2004.

UK and Russia: Academic, Cultural and Sporting Exchanges

Lord Hylton: asked Her Majesty's Government:
	How they propose to facilitate academic, cultural and sporting exchanges between the United Kingdom and Russia.

Baroness Symons of Vernham Dean: The Government's primary agency for promoting academic and cultural exchanges overseas is the British Council, which receives a grant of around £170 million per year from the Foreign and Commonwealth Office (FCO). The British Council has regional offices throughout Russia, including in Moscow, St Petersburg and Ekaterinburg. Among other services, it provides an information and consulting service for those wishing to study in the UK, a cybercentre with access to British Internet resources and English language teaching and examinations. In addition the council runs projects in Russia covering education, science, the arts and development and training services. Full details of the work of the British Council in Russia can be found on the Internet at http://www.britishcouncil.ru/.
	The Public Diplomacy Challenge Fund considers bids, primarily from our overseas posts, for funding for projects linked to public diplomacy; including those with an academic, cultural or sporting theme. Current or recent projects in Russia include: the UK/Russia forum on genetics, which promotes greater understanding of issues arising from advances in biosciences; UK fashion week in Yekatrinburg, which promoted cutting edge UK design ideas; and a range of projects such as a Manchester week and a Damian Hirst exhibition showcasing the UK in St Petersburg.
	Last year the FCO also funded 37 places for Russian scholars under the Chevening Scholarship Scheme.

Convention on Certain Conventional Weapons

Lord Alli: asked Her Majesty's Government:
	What was agreed at the meeting of states parties to the Convention on Certain Conventional Weapons in Geneva on 27 and 28 November.

Baroness Symons of Vernham Dean: At the meeting of states parties to the Convention on Certain Conventional Weapons (CCW) in Geneva on 27 and 28 November, a new legally binding Protocol on Explosive Remnants of War (ERW) was adopted. The new Protocol (the 5th to the CCW) sets out obligations and best practice for the clearance of post-conflict ERW (munitions used during an armed conflict that should have exploded but failed to do so or munitions which have been abandoned during an armed conflict.) The principal obligations in the new protocol are:
	The state in control of the affected territory shall mark, clear, remove or destroy the ERW as soon as feasible and prioritise those affected areas posing a serious humanitarian risk;
	The user of munitions which have become ERW undertakes to provide assistance, where feasible, to the party in control of the affected territory to facilitate marking and clearance, removal or destruction of such ERW;
	The user of munitions which may become ERW undertakes to provide information on the use of such munitions (subject to legitimate security interests) to the party in control of the territory and to organisations undertaking clearance operations on the affected territory. The content of this information is provided on a voluntary, best practice basis;
	Feasible precautions should be be taken to warn civilians of the risks and effects of ERW;
	States shall take steps, to the extent feasible, to protect authorised humanitarian missions operating in the area under their control from the effects of ERW;
	States may provide assistance to deal with the threat posed by existing ERW;
	Preventive measures, such as good practice in managing munitions to reduce the chance of their becoming unexploded, may be undertaken on a voluntary basis.
	This protocol is an important step in reducing humanitarian risks associated with ERW and fulfils a long-standing UK objective to secure agreement on a legally binding Instrument. The Government are looking into the necessary steps that may need to be taken to enable the Government to proceed to ratification of this protocol.

Biological Weapons Convention

Lord Alli: asked Her Majesty's Government:
	What was the outcome of the recent discussions in Geneva on national measures to reinforce the implementation of the Biological Weapons Convention.

Baroness Symons of Vernham Dean: On the concluding day of the meeting of states parties to the Biological Weapons Convention (BWC), which took place from 10 to 14 November, there was agreement by consensus on a politically binding final document which enjoins all states parties to the following actions:
	To review and, where necessary, enact or update national legal, including regulatory and penal, measures which ensure effective implementation of the prohibitions of the BWC and which enhance effective security of pathogens and toxins;
	Co-operation between states parties with differing legal and constitutional arrangements. States parties in a position to do so may wish to provide legal and technical assistance to others who request it in framing and/or expanding their own legislation and controls in the area of national implementation and biosecurity;
	Comprehensive and concrete national measures to secure pathogen collections and the control of their use for peaceful purposes. There was a general recognition of the value of biosecurity measures and procedures, which will ensure that such dangerous materials are not accessible to persons who might or could misuse them for purposes contrary to the BWC.
	There was also agreement that these measures are essential effort in facilitating more effective implementation and enforcement of the convention, as well as providing the basis for an assessment of progress at the 2006 Review Conference.
	As with the earlier meeting of BWC experts in August, which had prepared the way for political decision-making, there was an impressive level of participation. Some 92 states parties were represented and a total of 32 national statements were delivered, including one notably from Iraq which for the first time showed an open and positive engagement with its obligations under the convention.
	The United Kingdom was grateful to the Chair, Ambassador Toth of Hungary, for the efforts he made to achieve consensus on a final document that reflects the commonality of views and approaches that were demonstrated throughout. The commitment to assess progress at the Sixth Review Conference in 2006 on the extent of which states parties have put in place the necessary legislation is, in our view, particularly important.
	The outcome of the November meeting represents a very positive start to the work programme that lies ahead of us. Success was particularly important this year, as it is to be hoped that a precedent has now been set for agreement on effective action to emerge from the further meetings under the Biological Weapons Convention, scheduled to take place in 2004 and 2005.
	The United Kingdom believes that the success of the meetings in 2003 has also helped to prove to the wider arms control community that this new process can be made to work. It has delivered a shared international analysis and a readiness to adopt practical measures. Most important, a co-operative spirit continued to prevail throughout the discussions in Geneva, which also augurs well for the future.
	South Africa will chair the meetings next year on suspicious outbreaks of disease and the need for improved international surveillance. The UK takes over in 2005 with the task of examining a possible code of conduct for scientists. Work has already begun on our preparations for both of these meetings. I will keep the House informed of developments and outcomes in 2004.

Military List

Baroness Lockwood: asked Her Majesty's Government:
	Whether they are introducing new controls to license the activities of those who trade in military goods between overseas countries.[HL526] simone

Baroness Symons of Vernham Dean: The Government are introducing new controls to license the activities of those who trade in military goods between overseas countries (also known as trafficking and brokering); transfer technology for military goods by electronic means (e-mail, fax, etc.); transfer technology, by any means, for use in connection with WMD; and provide technical assistance for use in connection with WMD.
	These controls are contained in the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 (SI 2003/2764) and the Trade in Goods (Control) Order 2003 (SI 2003/2765) and will come into force on 1 May 2004. Section 9(3) of the Export Control Act 2002 requires the Secretary of State to give guidance about the general principles to be followed when exercising licensing powers.
	My right honourable friend the then Minister for Europe (Mr Peter Hain) made a statement to Parliament on 26 October 2000 (Official Report, col. 200W), setting out the criteria that the Government will use in considering all individual applications for licences to export goods on the Military List, which forms Part III of Schedule 1 to the Export of Goods (Control) Order 1994; advance approvals for promotion prior to formal application for an export licence; and licence applications for the export of dual-use goods as specified in Annex 1 of Council Regulation (EC) 1334/2000 where there are grounds for believing that the end-user of such goods will be the armed forces or internal security forces or similar entities in the recipient country, or that the goods will be used to produce arms or other goods on the Military List for such end-users. On 8 July 2002, my right honourable friend the Foreign Secretary set out how the Government approach export licence applications for goods where it is understood that the goods are to be incorporated into products for onward export (Official Report, cols. 652W–654W).
	The Government have decided that they will continue to use these criteria, in the same way, in considering all individual applications for licences as set out in the new orders made under the Export Control Act 2002, taking account of the circumstances prevailing at the time and other announced government policies.

Overseas Territories Consultative Council

Baroness Gale: asked Her Majesty's Government:
	What was the outcome of the fifth annual Overseas Territories Consultative Council.

Baroness Symons of Vernham Dean: The fifth annual Overseas Territories Consultative Council, held in London on 8 to 10 December, provided an opportunity to review, with representatives of the UK Overseas Territories, progress in implementing the commitments made in the 1999 White Paper Partnership for Progress and Prosperity: Britain and the Overseas Territories (Cm 4264).
	Several Overseas Territory representatives argued, in the context of constitutional reviews currently under way, for a greater devolution of responsibility and reduction in the powers of governors, in some cases amounting to full internal self-government and total abolition of the UK Government's reserved powers. Territory representatives also sought clarification of their rights of self-determination and free association under the terms of the United Nations General Assembly Resolution 1541 of 1960.
	My right honourable friend the Foreign Secretary (Mr Jack Straw) and my honourable friend the Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mr Bill Rammell) emphasised that the security and good governance of the Overseas Territories remains a key foreign policy objective for the UK Government, as indicated in the White Paper UK International Priorities: A Strategy for the FCO, Cm 6052, published on 2 December. Territories have the right to seek independence, where this is an option, but, while the link with the United Kingdom remains, the UK Government will have to retain sufficient powers to protect its overall responsibility for ensuring good governance and compliance with international obligations and to minimise its contingent liabilities arising from its relationship with the Territories. The UK Government consider it important to protect key values, particularly the independence of the judiciary, the political impartiality and integrity of the public service, and sound financial management in the territories. Governors have a key role to play in this.

Terrorist Organisations: Fund-raising

Lord Laird: asked Her Majesty's Government:
	Whether the Home Secretary received a plea from relations of those murdered in the Real IRA bombing in Omagh in August 1998 asking that any new anti-terrorism legislation should ensure that associates of the Real IRA could no longer fund-raise in the United Kingdom; and if so, what was his response. [HL360] lynne

Baroness Scotland of Asthal: The Omagh Victims Legal Action Group wrote to the Home Secretary on 29 November 2001 asking the Government to criminalise the 32 County Sovereignty Movement and similar organisations.
	The position now is as it was then. The Government believe that the Real IRA and the 32 County Sovereignty Movement are inextricably linked. However, on the basis of evidence available, the Government assess that the 32 County Sovereignty Movement is not concerned in terrorism, as defined in statute. However, the Real IRA is proscribed under the Terrorism Act 2000.
	In this country it is a criminal offence under the Terrorism Act 2000 to raise funds for an organisation concerned in terrorism. These provisions apply to any organisation, whether proscribed or not, in order to stop funds flowing to terrorists.

Fire Services Act 2003: Section 1

Lord McCarthy: asked Her Majesty's Government:
	Whether they intend to instruct all fire authorities that, when use is made of the powers granted to the Secretary of State under Section 1 of the Fire Services Act 2003, actions by employees or their union intended to frustrate such powers should be regarded as lawful, so long as they remain within the provisions governing protected industrial action.

Lord Rooker: Ministers have no powers to instruct fire authorities as to what constitutes lawful action on the part of employees or their unions.

Fire and Rescue Authorities: Funding

Lord McCarthy: asked Her Majesty's Government:
	Whether the present annual increase of 4.7 per cent in spending on the Fire Service will need to change when the proposals for improved and additional services, as specified in the recent White Paper, Our Fire and Rescue Service, are introduced.

Lord Rooker: There has been a 28 per cent increase in core expenditure provision for fire and rescue authorities since 1997, a year-on-year increase of over 4 per cent and a real increase in provision. In 2004–05 authorities will receive an average increase of 4.2 per cent and no authority will get less than a 3.5 per cent increase.
	The Government believe that the costs and savings of modernisation should balance over the spending review 2002 period (2003–04 to 2005–06). Fire and rescue authorities, through the Local Government Association, have said that this is achievable. The Independent Review of the Fire and Rescue Service said: "We are confident that, within the foreseeable future, benefits will more than exceed additional costs, including those of the pay increase we propose".
	However, the Government recognise that there may be a lag between costs and savings of modernisation. An additional £30 million transitional funding is available for England and Wales, which will be released subject to satisfactory progress on ongoing pay negotiations and modernisation. It will be recouped over the SR2002 period.
	In addition, the Government have committed £56 million on phase one of the New Dimension programme, which seeks to ensure that fire and rescue authorities are sufficiently trained and equipped to deal safely and effectively with major chemical, nuclear, biological and conventional terrorist incidents on a national scale. The Government are also providing a further £132 million for phase two of the New Dimension programme, which includes purchase of modern search and rescue equipment which will improve authorities' capacity to respond to incidents involving, for example, collapsed buildings.

Fire and Rescue Authorities: Funding

Lord McCarthy: asked Her Majesty's Government:
	How much is spent annually on the Fire Service; and how this money is distributed between central and local government

Lord Rooker: The Government have increased core grant to fire and rescue authorities by 28 per cent increase since 1997, from £1,237 million to £1,583 million in 2003–04; a year-on-year increase of over 4 per cent. In 2004–05 authorities will receive an average increase of 4.2 per cent and no authority will receive less than 3.5 per cent. The Government will also distribute £61.68 million in supported capital expenditure in 2004–05.
	As part of the pay and modernisation agreement, government are making £30 million transitional funding available—which will be released subject to satisfactory progress on modernisation and ongoing pay negotiations—to help with up-front costs. This transitional funding is to be repaid by fire and rescue authorities within the spending review 2002 period.
	In addition we are making over £100 million available in notional credit approvals to support local private finance initiative (PFI) projects, which help fire and rescue authorities meet their objectives, in line with the White Paper and the National Framework.
	Also, the Government are providing substantial direct investment in fire and rescue services. In 2003–04 we announced additional funding for the Fire Service College: £5 million on refurbishment of its unique fireground and support facilities; £2.5 million for urban search and rescue training facility; and £2.5 million in the Integrated Personal Development System "Hub" and its development. The Office of the Deputy Prime Minister has announced investment of £56 million on phase 1 of the New Dimension programme and will be spending £132 million on phase 2. We are providing a new radio communications system—Firelink—to improve the service's resilience and inter-operability between brigades and other emergency services. The Government will also procure and finance a new call handling and mobilisation system for the service.

ODPM: Financial Contributions to External Seminars

Baroness Hanham: asked Her Majesty's Government:
	Whether it is normal practice for the Office of the Deputy Prime Minister to subsidise the costs of seminars being organised by external companies on legislation which has not yet been passed by Parliament.

Lord Rooker: The Office of the Deputy Prime Minister has agreed to make a small financial contribution to some events on the planning and compulsory purchase system reforms to enable groups to attend who might otherwise have not been able to do so. The events form part of the processes for consultation on, and explanation of, these reforms.

Territorial Army: Vaccinations

The Countess of Mar: asked Her Majesty's Government:
	What is the current regime, including recommended intervals between doses, for vaccination of members of the Territorial Army and reservists who are being called up to serve in Iraq.

Lord Bach: I will write to the noble Countess and place a copy of my letter in the Library of the House.

Operation TELIC: Reservists

Lord Vivian: asked Her Majesty's Government:
	What percentage of Her Majesty's Armed Forces still serving in Operation TELIC are reservists; and what has been the average period of absence from civilian employment by reservists during this campaign.

Lord Bach: As at 18 December 1,217 reservists were serving in theatre in support of Operation TELIC. This represents some 11 per cent of the total force in theatre. Generally, reservists supporting Operation TELIC have been mobilised between seven and a half and eight months. On mobilisation, employers are informed of the likely period of mobilised service that their employees are expected to serve.

Battle of Trafalgar: 200th Anniversary

Lord Laird: asked Her Majesty's Government:
	What plans they have to celebrate the 200th anniversary of the Battle of Trafalgar in 2005.

Lord Bach: While no final decisions have yet been made, it is anticipated that there will be a series of national and international events, namely the Trafalgar Festival, co-ordinated by the Official Nelson Commemoration Committee, which will include an international fleet review in the Solent.

Data Protection: EC/US Discussions and UK Citizens

Lord Stoddart of Swindon: asked Her Majesty's Government:
	Whether, and if so under what provision, the European Commision is permitted to make an agreement with the United States to give that country personal details and other data, including information about credit cards, pertaining to United Kingdom subjects.

Lord Filkin: The European Commission has been in discussion with the United States Department for Homeland Security about that department's requirement for airlines flying to, from or through the United States to disclose to the department information about the passengers they carry on such flights. I understand that the Department for Homeland Security has given certain undertakings in respect of its handling of that information; and that, based on those undertakings, the European Commission proposes to make a finding under Article 25.6 of the EC Data Protection Directive (95/46/EC) that there is adequate protection with regard to the transfer of the information to the department. I also understand that the "adequacy" finding will need to be accompanied by an international agreement under Article 300 of the treaty establishing the European Community. I am placing in the Library a communication from the European Commission to the Council of Ministers and the European Parliament about the discussions.

Inland Revenue: Tax Returns

Lord Patten: asked Her Majesty's Government:
	Whether, when a payer sends a return to a tax office which is logged as received but subsequently lost, the Inland Revenue sends notification of this to the sender.

Lord McIntosh of Haringey: Where, exceptionally, a return is logged as received but subsequently the Inland Revenue is unable to trace it, every effort is made to find the return before any approach is made to the customer. If all searches fail the customer is asked to supply a copy of the original or, if that is not possible, to complete a duplicate return.

UK Sport

Lord Moynihan: asked Her Majesty's Government:
	Further to the Written Answer by the Lord McIntosh of Haringey on 9 December (WA 58) on the review of UK Sport, (a) what were its terms of reference; (b) what was its budget; (c) who were the members of the review team; (d) which organisation have been consulted; and (e) what was the timetable for review.

Lord McIntosh of Haringey: (a) The present review of UK Sport includes considerations of the following governance; business planning for the period 2005–2009; funding for world class sports and world class athletes; the UK Sports Institute; drug-free sport; and programmes covering international work and major events. Not all these reviews have, or will have, formal terms of reference. The location of UK Sport's offices will also be considered as part of the wider review process.
	(b) No separate budget has been set aside for the wider review.
	(c) and (d) Each of the six subject areas set out in (a) is subject to a separate review. A range of organisations has been, and will be, consulted in the course of each subject area review.
	A formal review panel has been established to consider the governance of UK Sport, as follows:
	Huw Jones (Sports Council for Wales),
	Roger Draper (Sport England),
	Eamon McCartan (Sports Council for Northern Ireland),
	Ian Robson (Sportscotland),
	Simon Clegg (the British Olympic Association),
	Phil Lane (British Paralympic Association),
	Connie St Louis (UK Sport Council),
	Louise Martin (UK Sport Council),
	Arthur Emyr (Welsh Assembly),
	Paul Heron (DCMS),
	Jack Palmer (DECAL), and
	John Gilmore (Scottish Executive).
	This review panel will decide on the organisations it will consult.
	Collinson Grant Ltd has been appointed to carry out the review of the business planning process. Consultation will be a matter for that company.
	The review of the funding of world class sports and world class athletes will be conducted by UK Sport itself in conjunction with the home nation sports councils and sports institutes, and other partner organisations including the British Olympic Association and British Paralympic Association. Sport's governing and other bodies will be consulted.
	The review of the UK Sports Institute has been completed. This followed consultation with the home nations sports councils and sports institutes, governing bodies, the British Olympic Association and the British Paralympic Association. As a result of that review, the role of the UKSI central services team at UK Sport has been redefined and staffing reduced from 24 to 14. The resulting savings have been redirected to support the World Class programme.
	The review of drug free sport will consider the optimum arrangements for the governance, structure and operations of the UK's national anti-doping organisation. It will be carried out by independent consultants, and is subject to commercial tender with a closing date of 17 December 2003. Consultation will be a matter for the company or organisation which carries out the review.
	The review of programmes covering international work and major events will be conducted by a review group including the Foreign and Commonwealth Office, the British Council, the British Olympic Association, the Central Council of Physical Recreation, the home nation devolved administrations and sports councils, London 2012 Ltd, and UK Trade and Investment. Consultation will be a matter for that group.
	(e) UK Sport expects to have completed all aspects of the review by April 2004.

Olympic Games 2012: London Bid

Lord Moynihan: asked Her Majesty's Government:
	Who are the members of the working group of officials set up to provide advice on the 2012 Olympic bid; and when the working group has met.

Lord McIntosh of Haringey: An inter-departmental working group was established following the decision to support a London Olympic bid to consider and advise on matters relevant to the Government's interests in the bid. The group is chaired by DCMS and members include representatives from HM Treasury, Cabinet Office, Home Office, Department for Transport, Office of the Deputy Prime Minister, Government Office for London, Department of Health, Department for Education and Skills, Department of Trade and Industry, Foreign and Commonwealth Office, Ministry of Defence, Department for Environment Food and Rural Affairs, Department for Work and Pensions, HM Customs and Excise, and 10 Downing Street.
	The group first met on 18 July this year, and has since met on 19 September, 30 October and 26 November.

Passive Smoking

Lord Janner of Braunstone: asked Her Majesty's Government:
	Whether they will take measures to ensure that non-smokers are protected from passive smoking in the workplace and in public places.

Lord Warner: The Government are taking action at a national level to raise public awareness of the health risks associated with second-hand smoke. This summer the Department of Health launched its first ever television campaign that highlights the risks of second-hand smoke. This campaign was extended this month to cinema, press and billboards. We have always said that completely smoke-free places are the ideal. We want to see more workplaces and public places becoming smoke-free on a voluntary basis and look forward to them making speedy progress.

Nutrition: Carbohydrates

The Countess of Mar: asked Her Majesty's Government:
	What plans they have to review the promotion by the Department of Health and Food Standards Agency of high carbohydrate intakes, in view of the continuing problem of obesity; and
	Whether the Health Development Agency and the National Institute for Clinical Excellence will be asked to review the effectiveness of very low carbohydrate diets in reducing overweight and obesity.

Lord Warner: The Government take an evidence-based approach on nutrition and health, based on the wealth of scientific evidence rather than individual studies. We take our advice from the Scientific Advisory Committee on Nutrition, and bodies such as the Health Development Agency and the National Institute for Clinical Excellence.
	The Health Development Agency will be able to advise on the effectiveness of low carbohydrate diets for obesity prevention and management when evidence is available. The HDA has recently published an evidence briefing on The management of obesity and overweight: an analysis of reviews of diet, physical activity and behavioural approaches. The HDA did not identify any reviews which assessed the effectiveness of low carbohydrate diets for obesity prevention and management.
	The Scientific Advisory Committee on Nutrition may re-consider current recommendations on the proportion of dietary fat and carbohydrate, as part of its long-term work plan, if it feels that the evidence base has substantially changed.

National Health Service: Doctors

Baroness Greengross: asked Her Majesty's Government:
	What rules exist requiring a doctor to work in the National Health Service after receiving state-funded medical training.

Lord Warner: There are no rules which require a doctor to work in the National Health Service after receiving state-funded medical education. Data from the Medical Careers Research Group show that over successive cohorts of doctors from 1974 onward, 89 per cent of home graduates were working in United Kingdom medicine after both five and 10 years.

Renewable Energy: Biodegradable Solid Waste

Baroness Byford: asked Her Majesty's Government:
	Further to the Written Answer by the Minister of State for Energy on 31 March (Official Report, Commons, col. 506W), why the amount of biodegradable solid waste used to generate heat fell from 50.6 thousand tonnes of oil equivalent in 1996 to 14.3 thousand tonnes in 1997; why it took a further four years to increase to 46.5 thousand tonnes; what was the total in 2002; how this trend is predicted to continue; what effect any trend is likely to have on requirements for other forms of renewable energy; and whether any trend is anticipated to be long lasting.

Lord Sainsbury of Turville: I understand that the figures referred to in the question relate to municipal solid waste (which includes both biodegradable and non-biodegradable waste). After 1 December 1996 most of the existing sites were closed because it was uneconomic to upgrade them to meet new regulations on incinerator emissions based on EU Directives. Since 1994, 11 facilities have been built or upgraded to meet the requirements of the directives, and there are at present 16 municipal solid waste incineration plant with a capacity of around 2.3 million tonnes per year—in capacity terms, this is similar to the level of the early 1990s. There are five plants under construction, due to be commissioned in 2005, with a total design capacity of around 0.5 million tonnes per year. The Government do not publish forecasts of the contributions made by particular fuel sources to heat generation.

Renewable Energy: Wind Farms

Lord Jones: asked Her Majesty's Government:
	How many individual wind-driven turbines there are in (a) Wales; (b) Scotland; (c) England; and (d) Northern Ireland; and
	How many wind farms there are in (a) Wales; (b) Scotland; (c) England; and (d) Northern Ireland.

Lord Sainsbury of Turville: There are 83* wind energy schemes currently generating electricity for the grid in the UK. These include single turbine installations, small clusters of turbines, and larger wind farms with 10 or more machines.
	The number of projects and turbines by country is as follows.
	
		
			  Projects Turbines 
			 Wales 18 394 
			 Scotland 18 265 
			 England 37 300 
			 Northern Ireland 10 101 
		
	
	In addition to these projects, there are some commercial scale wind turbines installed to serve specific businesses rather than to generate electricity for the grid.
	* British Wind Energy Association (BWEA) figures

Renewable Energy: Wind Farms

Lord Jones: asked Her Majesty's Government:
	What is the average cost of wind-driven turbines in United Kingdom wind farms; and
	What is the estimated amount of investment in wind farms in (a) Wales; (b) Scotland; (c) England; and (d) Northern Ireland.

Lord Sainsbury of Turville: It is difficult to make generalisations about the costs of wind turbines, as this technology is advancing rapidly, with different makes and models being bought to suit the particular site. Costs will vary, for example, according to whether the project is onshore or offshore, and according to wind-speeds at the site.
	There will thus be differences between projects, but I understand that a rule of thumb in the wind energy industry is that new projects may currently cost an average of some £650,000 per megawatt of capacity installed, including the cost of the turbine, transport to the site, and erection and commissioning.
	Making use of this rule of thumb, rough approximations can be made of the replacement cost of currently operational wind farm projects: some £150 million for Wales; some £130 million for Scotland; some £100 million for England and some £45 million for Northern Ireland.

Renewable Energy: Wind Farms

Lord Jones: asked Her Majesty's Government:
	What employment opportunities have emerged consequent upon the decision to build wind farms in the United Kingdom.

Lord Sainsbury of Turville: The 2003 annual report of the Renewables Advisory Board includes an assessment of employment opportunities in the UK that could arise in the period to 2020, if wind energy and other renewables expand in accordance with energy White Paper aspirations. It is there estimated that by 2020 the renewable energy industry could sustain between 17,000 and 35,000 jobs, compared with some 7,700 jobs currently. A high proportion of these jobs would be in the wind energy sector.

Renewable Energy: Wind Farms

Lord Jones: asked Her Majesty's Government:
	What assessment they have made of noise pollution consequent upon the building of wind farms in the United Kingdom.

Lord Sainsbury of Turville: An assessment of noise from wind farms was undertaken by the Working Group on Noise from Wind Turbines. The group's findings were published in the report entitled 'ETSU-R-97: The Assessment & Rating of Noise from Wind Farms'*.
	*Copies available from the British Library www.bl.uk/catalogues/blpclynne

End-of-Life Vehicles Regulations 2003

Lord Hodgson of Astley Abbotts: asked Her Majesty's Government:
	Which body is responsible for commencing proceedings in Scotland for offences under the End-of-Life Vehicles Regulations 2003 (S.I. 2003/2635).

Lord Sainsbury of Turville: In Scotland the Lord Advocate, as head of the criminal prosecution system, is responsible for the commencement of proceedings under the End-of-Life Vehicles Regulations 2003 (S.I. 2003/2635).

Information Technology Strategy and UK Rankings

The Earl of Northesk: asked Her Majesty's Government:
	Why the United Kingdom has slipped from seventh in the World Economic Forum's networked readiness index rankings in 2002–03 to 15th in 2003–04; and what are the implications for their information technology strategy and policies.

Lord Sainsbury of Turville: We welcome this piece of research by the World Economic Forum on the degree of a country's preparation to participate in and benefit from information and communication technology (ICT). However, it is difficult to draw many conclusions for policy development from a single piece of work such as this. The findings revealed by the networked readiness index need to be treated with care because of the changing nature of the variables used for year-on-year comparison, the high level of attitudinal input and a significant reliance on data from 2001 or earlier.
	The Government are aware of the challenge in making the UK a world leader in the use of ICT. By learning from the overall pool of evidence, to which the World Economic Forum report can contribute, we will continue to develop strategies and policies to provide a favourable environment for ICT usage in the UK.

Information Technology Strategy and UK Rankings

The Earl of Northesk: asked Her Majesty's Government:
	Whether the figures from the World Economic Forum's Global Information Technology Report, which show that the United Kingdom is eighth in the rankings in terms of competition in the Internet service provider market but sixty-seventh in the affordability of Internet access, are satisfactory; and what implications this has for their information technology targets.

Lord Sainsbury of Turville: The UK appears to perform relatively well on competition among Internet service providers, but the findings seem to be based solely on the opinion of executives. As regards the cost of Internet access, the findings of the Global Information Technology Report appear to be very much at odds with those of the more regular and focused Oftel benchmarking. According to Oftel, the United Kingdom is, on average, at least 25 per cent cheaper than France, Germany, Sweden and the United States for cost of access of residential Internet services.
	The Government are aware of the challenge in making the UK a world leader in the use of ICT. By learning from the overall pool of evidence, to which the World Economic Forum report can contribute, we will continue to develop information technology policies to provide a favourable environment for ICT usage in the UK.

Employment Deductions

Viscount Astor: asked Her Majesty's Government:
	Whether accommodation or other benefits can be taken into account for the purposes of determinations in relation to: (a) the National Minimum Wage Act 1998; (b) the Sex Discrimination Act 1975; and (c) the Equal Pay Act 1970.

Lord Sainsbury of Turville: Under the National Minimum Wage Regulations 1999 (Amendment) Regulations 2003, where an employer provides accommodation to a worker, he may deduct up to £3.50 per day or £24.50 per week from the worker's salary. If an employer deducts more than this amount, the excess amount will not count towards minimum wage pay.
	The Equal Pay Act gives men and women doing equal work the right to equality in the terms of their contract of employment. This means it covers both pay and other benefits such as accommodation provided by the contract of employment. The Sex Discrimination Act covers non-contractual benefits, which could include accommodation.

Broadband

The Earl of Northesk: asked Her Majesty's Government:
	Whether they consider that the Anglesey Connected programme, aimed at providing high speed Internet access to public sector institutions and facilities on the island of Anglesey, offers solutions as to how availability and take-up of high-speed Internet services might be rolled out more widely throughout the United Kingdom.

Lord Sainsbury of Turville: The Anglesey Connected solution is one of many different methods of delivering broadband in the UK. The Government do not intend to promulgate a particular system of broadband delivery UK-wide. Our approach is to leave decisions on broadband delivery to those best placed to make them, taking account of all the relevant considerations.

Broadband

The Earl of Northesk: asked Her Majesty's Government:
	Whether they consider that the fees charged by British Telecom for activation of broadband connections are inflating the costs of Internet services provided by Internet service providers; and whether this is undermining competition in the sector and acting as a barrier to broadband take-up.

Lord Sainsbury of Turville: The broadband market must necessarily be market driven. If the operators charge too much for their services, consumers will not use them, and they will not recoup the cost of their investment. The best chance they have of doing so is to get products into the market at a price attractive to consumers. The independent regulator Ofcom, has the power to intervene if they feel prices are being maintained artificially high.
	The UK has over 300 ADSL broadband providers and significant levels of infrastructure competition. Many service providers offer free connection, activation on broadband products and deals on modems. These are commercial decisions for private sector companies. Broadband is growing fast in the UK with around 40,000 new customers a week. Competition is fostering innovative pricing—such as the free activation offer—and removing barriers to broadband take up.

Broadband

The Earl of Northesk: asked Her Majesty's Government:
	Whether, in light of the recently announced decision of Oftel and Ofcom to require a reduction in the price of wholesale broadband supplied by British Telecom to third-party Internet service providers, they are giving any consideration to other mechanisms aimed at strengthening competition in the sector.

Lord Sainsbury of Turville: The Government wish to see a vibrant, competitive market for broadband in the UK. Their approach is in general to rely on the regulator to take measures, in line with its statutory duties, to intervene in the market where there is evidence of market failure. The Government note that the UK already has the third most competitive broadband market in the G7. It is also in the Government's interest as a major procurer of broadband connectivity and services that there be a competitive market.

Broadband

The Earl of Northesk: asked Her Majesty's Government:
	Whether the fees charged for activation of broadband connections in the United Kingdom are set at adequately competitive levels; and whether the example of Italy, where no connection fees are charged, should be followed.

Lord Sainsbury of Turville: The charging structure for these products is generally a decision for the companies concerned.
	The UK broadband market is more competitive than those countries in Europe with less infrastructure competition or lower retail competition in the absence of wholesale DSL services. Based on international market research, benchmarking the price of broadband in relation to other G7 countries, the UK is in fourth place, significantly ahead of Italy. This index contributes to the overall international broadband market competitiveness index, where the UK is in third place in the G7 and closing the gap on Canada, the second placed country.

Privacy and Electronic Communications

The Earl of Northesk: asked Her Majesty's Government:
	What action they have taken to alert and inform commercial enterprises of the coming into force of the Privacy and Electronic Communications Regulations.

Lord Sainsbury of Turville: The Government have sought the views of commercial enterprises at all stages of the implementation of the Directive on Privacy and Electronic Communications in the UK. Full public consultations were held on both the directive and the draft regulations, eliciting a large number of responses from businesses and business representative organisations.
	Publicity and awareness-raising work on the UK regulations has included a series of 10 recent presentations to industry bodies, as well as briefing of business and national press. Further briefing and publicity work continues with business representative organisations including the British Chambers of Commerce.

Privacy and Electronic Communications

The Earl of Northesk: asked Her Majesty's Government:
	Whether the use of cookies on Government websites is fully compliant with the requirements of the recently implemented Privacy and Electronic Communications Regulations.

Lord Sainsbury of Turville: The Privacy and Electronic Communications Regulations introduce new requirements to provide information and an opportunity to refuse cookies and other Internet tracking devices, with some limited exceptions. These requirements apply to all websites including government ones. The Guidelines for UK Government Websites issued by the Office of the e-Envoy in 2001 give extensive guidance on the types and uses of cookies and encourages informing users that a website is using cookies, what data they contain, what they are used for and permitting an "opt-out" from their use. The guidelines are being updated to emphasise the legal requirements of the new regulations. Compliance with the regulations is the responsibility of individual departments, agencies and local services.
	The Information Commissioner's Office as the enforcement body for the Privacy and Electronic Communications Regulations has issued detailed compliance guidance on the use of cookies and other aspects of the new rules, and has powers to act where there are breaches.